PLG120 week 10

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PLG120 week 10
Assignment #1 - you could use a picture, but the main thing is to think about how useful this
picture would be (especially given its already built)
Planning Act, 1990 Basic Timeline
- Pre-consultation Meeting with Staff - this is where you will discuss what topics will be
discussed during a consultation meeting
- Complete application is submitted to municipality
- The public can have access to all the documents involved in the planning
process. This is a change from previously (a result of a bill 51)
- Notice of Open House and/or Public Meeting
- Ad in the newspaper and sign on the property. They’ll send out letters to owners
of property who live within 120 metres.
- Statutory Open House (only for certain applications)
- Most municipalities will host an open house for controversial projects, just makes
the process run more smoothly.
- Statutory Public Meeting
- There are normally two of these but you are only required to have one. The first
is more like the information meeting. The second one is where council will vote.
- Deputations are seen in these
- Notice of Decision/Appeal period
- 15 days to send out notice.
- 20 days to appeal the decision
How to Appeal
- At any time before the approval of the final plan of subdivision under subsection (58) any
of the following may appeal any of the conditions to the Municipal Board by filing the
approval authority a notice of appeal.
- There are 5 points on top of this. Check them out in the lecture slides.
Why are Appeals Important?
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Specific process associated with them
- Can leave certain people out of the conversation
Appeals are the only way to be heard at the OMB
Planning Act Requirements Summary
- Official Plan Amendment, Zoning By-law Amendment, Official Plan or Zoning By-law
review, OPA or ZBLA in relation to a DPS,
Telecommunication Towers
- Federal jurisdiction
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In smaller municipalities the placement of these towers can be a controversial issues
Cell companies will identify holes in their network and they will say to a company that
they want a tenant to host their tower in a given radius. They offer money for this. Once
you find someone you can then move forward.
Every municipality has the option to create a telecommunications siting protocol. So they
could say you could not put a cell tower within 120 metres of a park or school. But these
are just guidelines since they don’t have any legal jurisdiction.
When it comes to this you have to respond to every single question that anyone ever
emails you in a given timeframe. You also have to properly answer the question. If you
don’t then you can get your approval revoked and need to take down the tower.
Development Permit System (DPS)
- Reset TO is the Toronto
- Allowed in the planning act since 2007.
- Only 4 communities have actually started doing it
- Unlike the zoning bylaw it supports neighbourhood distinctiveness and local
character.
- Ensures that all neighbourhood development remains relevant
- Zoning bylaws are frequently out of date. It’s not uncommon to see zoning bylaws last
approved in the 1980’s.
- Community benefit depends on the local councillor. However the requirements vary
widely. Adam Vaughan for instance wanted a lot of affordable housing. Developers plan
for this but it's a rather ambiguous system.
Steps to Creating a DPS
- Planning Act allows it, but City has to make city-wide official plan policy to allow it
- Must include
- Goals, objectives, and policies
- Criteria for evaluating development
- conditions
- opportunities for delegation
- Could include community benefit requirements
- Complete application requirements
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Minimum and maximum standards
development criteria to ensure it fits with neighbourhood character
community benefit requirements
standard planning act requirements for public meeting, open house, and appeals
- Contributions are tied to the height and density.
Development permit applications
- Anyone can appeal the development permit bylaw
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If you meet the approval someone can’t appeal the decision. This means it can’t be
appealed to the OMB. No third party appeals.
Benefits to a DPS
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Intended to avoid unintended outcomes
triggers area-wide studies in a multitude of aspects
incorporates public input and community vision from the beginning
neighbourhood scale
effective + predictable
Ability to establish variation between minimum and maximum range.
Minor variances can be cut down as a result of DPS, just because the community is
involved from the start. Whereas if it is site by site basis there is less
incentive/opportunity to oppose projects.
The thing with this system is that the community already has the studies and the
reasoning for why they want what they want. Whereas with a bylaw system the bylaws
are outdated and the studies just haven’t been done so the OMB often rules in favour of
the developer.
Toronto Planning Review Panel
- 12,000 random people in Toronto randomly mailed. An attempt to get a broad array of
people into the planning process
Citizen Planning Board
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This group won’t be commentating on a planning application. Just because of the sheer
volume of applications.
28 members total.
1 in 87 households in the city.
City of Toronto requires renters to be notified about planning proposals.
Geography: 7 per district
Gender: 14 male, 14 female
Housing Tenure: 13 Renters, 15 owners
Visible Minorities: 14
Aboriginals: 2
Age
- 18-29: 8 (2 per district)
- 30-44: 7
- 45-64 years: 8
- 65+: 5
Situation
People…
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Have more access to information
Are more likely to question authority
Have an expectation that decision-makers will listen
Expect to be treated like investors (they are taxpayers)
The solution? Effective Engagement
As a developer or municipality, with effective engagement you will…
- Save time
- Be more aware of issues
- Keep the discussion focussed on content rather than process
- Build a bridge between technical experts and the broader public
- Manage expectations and become a trusted information source.
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Prof mentioned about a case where a community opposed a cell tower because it was
located near an environmentally sensitive area, but at the public meeting for it they got
both criticisms over this and suggestions about where it could also go. Everyone knows
about the meeting
Benefits the community because it makes projects more likely to be approved.